What Do Unions Do?

Introduction

The U.S. work environment has changed significantly over the last century. The workforce has shifted from primarily agriculture based to industrialization, drastically changing employee work conditions. Many labor laws and regulations have been passed by Congress to protect employees from conducting unfair labor practices. Workers also began to form labor unions with the intent of collectively bargaining for better working conditions and wages. The first labor union was established in 1792, and many other unions have since been established in a variety of industries, such as teachers, firefighters, police, and professional sports players. Labor unions were created to protect workers from being treated unfairly by their employers. This is done primarily through the collective bargaining process and through advocating for federal legislation that will better protect its members from unfair labor practices. Labor unions also guarantee employees' health and other fringe benefits. In this paper, we discuss several crucial functions of the labor union, including the collective bargaining process, the purpose and functions of the National Labor Relations Board (NLRB), the process of negotiating an employment agreement, the arbitration and mediation process, and unions' involvement in Congress.

Collective Bargaining

One of the most important objectives of a labor union is to collectively bargain with employers on behalf of its members. Established largely by federal statutes, collective bargaining is "the continuous relationship between an employer and a designated labor organization representing a specific unit of employees for the purpose of negotiating written terms of employment" (Carrell & Heavrin, 2010, p. 106). This process has existed in the United States for more than 200 years. Collective bargaining offers employees the opportunity to formally negotiate specific terms of their employment contracts including, but not limited to, wages, working conditions, working hours, work safety, benefit programs, termination, promotion, and discipline. The end goal is to reach an agreement that is mutually beneficial to both the employee and the employer. "The agreements reached through collective bargaining are legally binding and apply to all workers, whether or not they actively participated in the bargaining process" (ILO, 2011). Through an election process, employees select a union or labor organization to represent them through negotiations. Collective bargaining is described as a continuous process as it begins with the negotiation of the employment contract and lasts through the life of the contract, "with almost daily interpretation and administration of its provisions" (Carrell & Heavrin, 2010, p. 106).

Some benefits of collective bargaining include:

* Allows the parties to discuss issues and settle disputes through consensus and dialogue rather than through confrontation or labor disputes;

* Reduces feelings of uncertainty and instability in the workplace;

* Allows both parties to participate in the decision-making process on important work-related issues;

* Motivates employees; and

* Provides employees with a collective voice, which may be more comforting and effective than addressing employment issues with managers individually.

Some disadvantages of collective bargaining include:

* A union member's inability to resolve disputes individually with his or her employer;

* Can create significant polarization between employers and managers;

* Can take longer to resolve a dispute due to the bureaucracy and formality of the collective bargaining process; and

* Requires members to pay union dues.

"A general precondition to effective collective bargaining is that parties negotiate 'in good faith', meaning that they should come to the negotiating table willing to give and take and ultimately reach an agreement" (ILO, 2011). However, unfortunately, collective bargaining can sometimes fail when the parties are unable to reach a timely and mutually agreeable settlement